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2025 Supreme(Online)(UK) 2979
HIGH COURT OF UTTARAKHAND
NEEL METAL KAMGAR SANGATHAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPMS 1569 / 2024
SL. No
Date
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
COURT’S OR JUDGES’S ORDERS
H W PM S 1 5 6 9 / 2 0 2 4 on’ble M a noj Kum a r Tiw a r i, J. Mr. Yogesh Pacholia, Advocat e, for t he pet it ioners. Pant , St anding Mr. Suyash Counsel, for t he St at e. Mr. K.P. Upadhay, Senior Advocat e, assist ed by Mr. I m ran Ali Khan, Advocat e for t he respondent no. 5 and 6. ( 2) This writ pet it ion was disposed of vide order dat ed 18.9.2025 w it h a direct ion t o t he Conciliat ion Officer t o conclude t he conciliat ion proceedings w it hin four w eeks and it was provided t hat for a period of four w eeks, st at us quo qua t he post ing of pet it ioner no. 2 t o 5 shall be m aint ained. ( 3) Today, t he m at t er is list ed on st ay ext ension applicat ion ( MCC/ 9/ 2025) . Learned Counsel for t he applicant s/ pet it ioners cont ends t hat t he Conciliat ion Officer has forw arded his recom m endat ion t o t he appropriat e governm ent and t he appropriat e governm ent has t o pass appropriat e order under Sect ion 4( k) of UP I ndust rial Disput es Act . He subm it s t hat em ployer is com pelling t he pet it ioners t o j oin dut ies at t he t ransferred places in different St at es. He subm it s t hat if pet it ioners j oin dut ies at t ransferred places, t hen it w ill not be possible for
3 t hem t o pursue t he m at t er before t he Labour Court , t o which t he disput e would be referred. He subm it s t hat t he period w it hin which appropriat e governm ent w ill refer t he disput e t o t he Labour Court is also uncert ain and in t his uncert aint y, if pet it ioners are com pelled t o j oin at t he t ransferred places, t hen it w ill lead t o m iscarriage of j ust ice. Learned St at e Counsel assures ( 4) t hat if t he Conciliat ion Officer has subm it t ed failure report , t hen t he com pet ent aut horit y shall refer t he disput e t o t he concerned Labour Court w it hin four weeks. I n such v iew of t he m at t er, ( 5) prot ect ion grant ed t o t he pet it ioners vide order dat ed 18.9.2025 against t ransfer shall cont inue for a period of six weeks from t oday. St ay ext ension applicat ion st ands disposed of accordingly. ( 6) I t is m ade clear t hat no furt her applicat ion for ext ension of prot ect ion shall be ent ert ained. ( M a n oj Ku m a r Tiw a r i, J.) .1 1 .2 0 2 5 Pr
